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I am involved in the sale of undeveloped land in Zachary, Louisiana, which is to be divided among my six siblings and me. We have given a Power of Attorney (POA) to someone to sell the property and manage the finances. However, the financial calculations presented by the POA don't seem... View More 
answered on May 20, 2025
More information is needed here ---for example, is the POA actually a POA, and if so, did all 6 siblings give the agent the POA --I ask because if this is a simple POA, then the principal can simply revoke the POA. Or is the POA actually your agent under a contact to provide services----if there... View More
How can I regain my property after a foreclosure occurred on January 8, 2025, and the sheriff's sale was recorded on February 6, 2025? I filed a motion to rescind the foreclosure sale, a motion to stay/quash the writ of possession, and a claim for damages due to breach of contract as well as a... View More
answered on Apr 15, 2025
There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More
My husband passed away in 2012 without a will, leaving behind two sons from a previous marriage. We purchased a house in Louisiana together before our marriage, registered in both our names. During the succession, it was determined that I have usufruct over the house, owning 50%, while his sons own... View More
answered on Apr 2, 2025
Unfortunately, when a Last Will is not in place to address these blended family concerns, you become a co-owner with the children, and you have only a "legal" usufruct over your spouse's former one-half interest. You are correct. You cannot alienate, encumber, or sell/lease without... View More
I am trying to understand the definition of a surviving spouse under Louisiana law in the context of inheritance. The deceased, who had one son, was married for four months before passing intestate. The company's plan names a primary beneficiary, but its rules state the benefits go to the... View More
answered on Feb 20, 2025
A surviving spouse is the surviving husband or wife of the Decedent. As to non probate assets, such as retirement accounts and life insurance accounts, those should always be paid to a designated beneficiary. In your query, I am not clear if a "company plan" is a type of profit... View More
I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More
answered on Feb 20, 2025
If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More
Two unmarried parties buy a house together and split up. Both names are on the deed and all paperwork signed. They split up, but do not refinance to get one name removed. Three years later, the party living in the house starts the sale, completes it, and both sign off on papers saying that they... View More
answered on Aug 20, 2024
Y'all are co-owners of the property and if one of the co-owners paid monies for the benefit of the property such that the other co-owner owes 1/2 reimbursement then one can seek reimbursement for that amount. As for your question of whether or not one owner may demand the equity share because... View More
It is an empty lot of land, 0.5 acres, entirely wooded and overgrown with no servitudes, buildings, or other property besides the land itself. Any attempt to check who the original owner might be comes up short, since it is in the name of an estate rather than a person. The last record for the... View More
answered on Aug 8, 2024
The adjudiciated property process is similar not not completelyt identical throughout the state---I would recommend that you contact a property lawyer in your area-----or contact the parish attorney's office in the parish you purchased the adjudicated property----ask to sit down and discuss... View More
answered on Jul 8, 2024
My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More
I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.
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answered on Mar 26, 2024
If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or... View More
I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.
answered on Mar 28, 2024
You need to review your lease, if you have one, to determine whether or not you can proceed in the manner you deisre. Normally, unless you have the landlord's permission to decrease that month's rent due to the payment of the bill, you have to pay your monthly rent or you are in breach... View More
answered on Mar 8, 2024
You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More
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answered on Feb 23, 2024
If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More
I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More
answered on Feb 9, 2024
I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... View More
A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More
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answered on Jan 1, 2024
In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More
When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3... View More
answered on Dec 8, 2023
Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your... View More
I'm trying to write a final response letter to my landlord regarding necessary repairs. My A/C unit leaked, spit ice, and froze, requiring painting. The gutter above my apartment is leaking. Additionally, some outlets do not work, and the living room outlet keeps blowing a fuse. I’ve never... View More
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answered on May 16, 2025
To address the ignored repair requests, you should write a formal, clear, and polite final response letter to your landlord. Start by stating that you’ve previously informed them of the needed repairs and that, despite your best efforts, the issues have not been addressed. Be specific about the... View More
I am in a dispute over a property where the owners are deceased. I have a letter stating that I am the caretaker, having taken care of the property for over 40 years. The family is trying to force me off the property and have asked me to sign documents related to transferring or buying ownership,... View More
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answered on May 15, 2025
You have several options in this situation, and it’s important to protect your rights as the caretaker of the property. First, review the letter that confirms you as the caretaker to understand its legal implications. This letter may help demonstrate your longstanding relationship with the... View More
Two years ago in New Iberia, Louisiana, I received items from a man who was evicted from his residence after separating from his girlfriend. He gave away items he couldn't move, and I took them believing he was the rightful owner. The girlfriend had moved her belongings out months before his... View More
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answered on May 15, 2025
It’s possible that the girlfriend could try to reclaim the items, but after two years, it may be more difficult for her to do so. Generally, if items are given away with the intent to transfer ownership, and no formal agreement was made for their return, the recipient may have a stronger claim to... View More
I am concerned about privacy issues involving board members of a housing authority accessing tenant records and other files. The board members, alongside a secretary, are in the office doing exams and collecting rent, while the director is on administrative leave pending a contract buyout. Is their... View More
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answered on May 15, 2025
In most situations, tenant privacy and the protection of personal information are governed by strict laws, including the Fair Housing Act and other privacy protections. Typically, access to tenant records is limited to authorized personnel, such as the housing authority director, administrative... View More
In New Orleans, Louisiana, I am planning a new project involving the construction of wooden steps and a wooden ramp with handrails 32 inches high for an emergency exit or back door exit at a church assembly commercial building. My main concern is ensuring compliance with safety or building codes.... View More
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answered on May 15, 2025
Your concern is valid, especially since this project involves a commercial assembly building where public safety is a top priority. In New Orleans, Louisiana, construction projects like ramps and stairs for churches must comply with the International Building Code (IBC), which the city follows,... View More
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